Carlisle v. Graves

64 So. 2d 456, 1953 La. App. LEXIS 591
CourtLouisiana Court of Appeal
DecidedMarch 19, 1953
Docket7914
StatusPublished
Cited by11 cases

This text of 64 So. 2d 456 (Carlisle v. Graves) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carlisle v. Graves, 64 So. 2d 456, 1953 La. App. LEXIS 591 (La. Ct. App. 1953).

Opinion

64 So.2d 456 (1953)

CARLISLE
v.
GRAVES.

No. 7914.

Court of Appeal of Louisiana, Second Circuit.

March 19, 1953.
Rehearing Denied April 14, 1953.

*457 John Makar, Natchitoches, for appellant.

J. D. Rusca, Natchitoches, for appellee.

HARDY, Judge.

Plaintiff brought this suit, alleging himself to be the owner of a certain tract of land situated in the Parishes of Red River and Natchitoches, seeking recovery from the defendant for the value of timber cut, and consequent injury to standing timber, on the said property. Defendant answered, generally denying plaintiff's claims and reconvening for damages allegedly resulting from plaintiff's attempts to slander and cloud the title of defendant to the property involved in this suit, and further praying for judgment recognizing defendant as the owner of said property. After trial there was judgment in favor of plaintiff in the sum of $533.49 and further judgment dismissing defendant's reconventional demand, from which defendant has appealed. Plaintiff has answered the appeal, seeking an increase in the amount of the judgment on the claim for damages resulting from the destruction of young timber, which item was disallowed by the trial judge.

The alleged trespass and cutting of timber by the defendant took place on property located in Natchitoches Parish and described in plaintiff's petition as being bounded as follows:

"On the north by the right of way of the Louisiana & Arkansas R'way on the south by Red River, on the east by lands now or formerly owned by Edwin Winlock and on the west by the remaining portion of said tract and lands now or formerly owned by the Heirs of Crain. Said portion of said tract is situated in Sections 18, 19, 25 and 26 in Township 11 N., Range 8 W."

Admittedly defendant owns a tract of land adjoining plaintiff on the north, and titles of both plaintiff and defendant to their properties deraign from a common ancestor, one B. B. Grappe, who acquired the land from which have come the estates of plaintiff and defendant as the result of a partition of the Lac des Mures plantation effected in July, 1898. It appears that defendant has attempted by his answer to convert this matter into a petitory action and it seems that there has been some sort of understanding between counsel for the parties litigant as to the determination of title through this proceeding. We note in brief of counsel for defendant the statement of an agreement that "the action would serve the purpose of trying title to the land in dispute."

In our opinion neither the pleadings nor the evidence adduced on trial are adequate for the accomplishment of the purpose which is apparently sought under this agreement of counsel. The judgment of the lower court is silent with respect to any pronouncement upon title to the land, and we think correctly so. The issue here presented is concerned simply with a determination as between this plaintiff and this defendant of the superior title to that particular property from which timber was cut and removed by defendant. This location is confined to an area of comparatively small acreage lying in the corner between the Louisiana & Arkansas Railroad on the north and the boundary of the Crain lands on the west.

The one point which controls and determines the conclusion of this matter may be simply stated. If it be determined that *458 the Louisiana & Arkansas Railroad has been properly fixed as the northern boundary of property owned by plaintiff and the southern boundary of property owned by defendant then, unquestionably, plaintiff is entitled to recover because of the fact that, admittedly, the cutting of timber which is the basis of plaintiff's complaint took place south of said railroad.

In order to dispose of this question it is necessary to set forth the description contained in instruments of conveyance under which the parties hold title to their respective properties.

Plaintiff's and defendant's common ancestor in title severed the estate acquired in the partition of the Lac des Mures plantation by a sale to Benjamin Grappe (one and the same person with Joseph B. Grappe) by instrument dated August 22, 1901, of property described as being:

"A certain lot of ground situated in Natchitoches and Red River Parish containing (220) Two Hundred and Twenty acres, more or less, and bounded north by S.R.R.V.R.R. east by J. F. Scopini, South by Red River, West by Red River Parish and Mrs. V. Crain."

By instrument dated November 23, 1901 Joseph B. Grappe sold to Tandy K. Giddens property described as follows:

"A certain tract of land being Sections 19, 24, 25, 26, 27, 28 and 29 in Township 11 R. 8 & 9 and more particularly described as lot of land containing Two Hundred and Twenty acres more or less, bounded north Shreveport Red River Valley Railroad Company, and east by J. F. Scopini, South by Stream of Red River, and West by stream of Red River and Mrs. Crain, being same land acquired by this vendor by Notarial act passed before E. E. Hammett Aug. 26, 1901, and recorded in Book 106, Folio 246, of the Conveyance Records of Natchitoches Parish, La., from B. B. Grappe, situated in the Parish of Natchitoches, La., with all buildings and improvements thereon and appurtenances thereto belonging."

By instrument dated December 28, 1901 Tandy K. Giddens sold to Joseph B. Grappe property described as follows:

"A certain tract of hill land situated in the Parish of Natchitoches, La., containing eighty acres, being bounded on the North by line of Shreveport and Red River Valley Ry. Co., East by J. F. Scopini, South by Stream of Red River, and on West by lands of Mrs. Crain, and `Red Fields Place now owned by this vendor."

By instrument of conveyance dated November 21, 1902, J. B. Grappe sold to Edwin A. and H. A. Carlisle certain property described as being:

"That certain tract of land situated in the Parish of Natchitoches, and being described as bounded on the North by the Shreveport & Red River Valley Rail Road, on the East by the property of J. F. Scopini, on the South by Red River and on the West by Red River and the land presently owned by Mrs. Crain, containing Eighty acres more or less, and lying in Township Eleven (11) Range (8) generally known as the Old Grappe Place, and being same property acquired by this vendor from T. K. Giddens."

As the result of various conveyances by and between members of the Carlisle family between the years 1904 and 1941 this plaintiff, John C. Carlisle, acquired the entire interest in the property above described. In all of the Carlisle deeds the northern boundary of the property conveyed is described as being the railroad right-of-way. Parenthetically, we note that the same right-of-way is intended though the name of the railroad changed from time to time, from Shreveport & Red River Valley Railroad to the L. R. & N. Railway, and finally to the Louisiana & Arkansas Railway.

By instrument of conveyance dated April 17, 1937, the defendant, C. Norman Graves, acquired from the Commercial National Bank in Shreveport and the First National Bank of Shreveport, with other lands not here under consideration, the following described property:

*459 "Also a certain tract of land containing 331.63 acres more or less situated in Section Twenty-five (25), Twenty-six (26) and Eighteen (18) Twp. 11 N., R. 8 W. as per survey recorded in Book 144 of Conveyances, page 543, said parish, bounded South by the L. R. & N.

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Bluebook (online)
64 So. 2d 456, 1953 La. App. LEXIS 591, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carlisle-v-graves-lactapp-1953.